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Criminal Trespass

| Feb 25, 2016 | Criminal Defense |

In Illinois, there are at least seven (7) different subsections for criminal “trespass.”  Some of the statutes are:

Criminal Trespass to Vehicles (720 ILCS 5/21-2);Criminal Trespass to Real Property (720 ILCS 5/21-3); Criminal Trespass to State Supported Land (720 ILCS 5/21-5); Criminal Trespass to a Safe School Zone (720 ILCS 5/21-5.5);Criminal Trespass to Restricted Areas and Restricted Landing Areas at Airports (720 ILCS 5/21-7); Criminal Trespass to a Nuclear Facility (720 ILCS 5/21-8); and Criminal Trespass to a Place of Public Amusement (720 ILCS 5/21-9).

To read more check out the statutes here.

I recently had a client charged and acquitted of Criminal Trespass to State Supported Land (720 ILCS 5/21-5).  The statute is peculiar in that it requires the state to prove the following material elements:

(1) A person; (2) Enters upon land supported in whole or in part with State Funds or Federal Funds; (3) After receiving, prior to the entry, notice from the State or its representative that entry is forbidden; and (4) Interferes with another person’s lawful use or enjoyment of the building or land.

Criminal Trespass to State supported land is a Class A misdemeanor punishable by up to $2,500 and up to a year in jail.

This charge is one of the most difficult for the state to prove beyond a reasonable doubt.  First, the state has to prove that the Accused was provided notice that he was forbidden from being on the land or in the building.  The state must introduce signs or testimony to this effect.  Second, the state must prove that the Accused interfered with another person’s lawful use or enjoyment of the land.  I have not encountered a case where a prosecutor effectively explained to a judge or jury how the Accused violated this element.

If you or your loved one is charged with criminal trespass please call Fenbert & Associates, LLC, at (630) 917-2051 and ask for Richard or email us at [email protected]